Channel-OIDH

Fénix Case -"EMBLEMATIC" Judicial Process that Constitutes a "TRIPLE CRIMINAL PERSECUTION" and LEGAL TERRORISM -Criminal Case: C-01071-2005-01599 CONNECTED TO C-01075-2003-05426.

First Criminal Court of First Instance, Drug Trafficking and Crimes against the Environment, for High Risk processes, Group "D" of the department of Guatemala, in charge of Judge Erika Lorena Aifán Dávila.

This process has the peculiarity that it was already DISMISSED and FILED DUE TO EXISTING DOUBLE CRIMINAL PROSECUTION AND FOR NOT EXISTING A PUNISHABLE ACT, since August 27, 2014, which began in 2003, made up of two (2) cases or judicial processes on the same facts of a Trust ( legal figure allowed in Guatemalan legislation) where a Bank of the system was the trustee, the first process being C-01075-2003-05426 and the second process C-01071-2005-01599, from 2003 and 2005, respectively. However, DESPITE THE END OF BOTH PROCESSES, they are illegally resuscitating them. Reason for which the first process in the year 2014 came to an end by virtue of having resolved the merits of the matter, for which reason the proceedings were DISMISSED and ARCHIVED, due to the existence of civil judgments of rescission of contracts entered into between the Trust Bank of the FIPRODESO Trust, and two (2) entities with which the Bank did business.

Emerging a second process C-01071-2005-01599 which, when verified by the new judge that it was the same facts, the DISMISSAL was declared for DOUBLE CRIMINAL PROSECUTION and for NOT HAVING CRIMINAL ACTION, again ordering its file, in addition, it was granted PARTIAL DISMISSAL in favor of one of the defendants. However, incredible as it may seem, said process was reopened illegally ( a fact that is not possible under Guatemalan law).) as a result of the illegal reopening, illegal arrest warrants were issued again, even against the person whose proceedings were annulled and who was granted PARTIAL DISMISSAL on March 12, 2009. In 2019, the -FECI illegally reopens the process for the third time, derived from such illegality there are people detained related to the "EMBLEMATIC" FENIX case, they keep them KIDNAPPED under the illegal figure of "Indefinite Provisional Prison", for more than sixteen (16) months, where the judge has been made to see that the case was not only incomplete but also that it is still incomplete because the Appeals Chamber revoked the reinstatement of proceedings and also the process continues to be dismissed due to DOUBLE CRIMINAL PROSECUTION, and that at be the same fact, the same people and the same process,

VALDEZ-PAIZ case -The case was CANCELED and the accused were acquitted after several years of torture due to the abuse of the "Provisional Preventive Prison" -Another case fabricated by the former CICIC and the FECI.

3rd Court. of First Criminal Instance, Drug Activity and Crimes against the Environment of Guatemala.

In this case, the spontaneous declaration exposed in hearings of the "Effective Collaborators" called attention, in which one of them declared that he had been forced by representatives of the then International Commission Against Impunity -CICIG who, with the collaboration of the -FECI they had written his confession and that he was forced to testify as they wanted, in exchange for his freedom. Based on said statement, the comptroller judge of the investigation, Mynor Mauricio Moto Morataya, objectively and legally closed the process against the VALDEZ-PAIZ brothers, which in retaliation caused him to be denounced for said resolution, being attacked by him alone. fact of having taken the confession of the “Efficient Collaborator” and having acted based on the Law'.

On August 21 of the present, the team of legal representatives of the VALDEZ-PAIZ brothers, filed three (3) criminal complaints before the Public Ministry of the Republic of Guatemala against, among others, the chief prosecutor of the -FECI Juan Francisco Sandoval Alfaro by;

I. -Hide and deny the delivery of exculpatory evidence to the accused;

II. - Manslaughter, by preventing one of the VALDEZ-PAIZ brothers from leaving the country to receive medical treatment that he could not receive in Guatemala, despite the existence of three (3) final Court Orders ordering his full release;

III. -Present four (4) "False Witnesses" against the Valdez-Paiz brothers.

IGSS-PISA Case -Acquitted after serving an Early Sentence of more than 4 years in "Indefinite Provisional Prison ".

Another example of a fabricated case where the accused were acquitted after more than four (4) years suffering the illegal "Indefinite Provisional Prison". The illegality that they maliciously used in the IGSS-PISA case is important for two reasons;

Excessive abuse of "Preventive Prison" and;

By virtue of the annulment of the sentence, for not having legal grounds for convictions.

This case claimed two innocent lives, one of the defendants repeatedly requested permission to be transferred from the prison center to a hospital center due to his delicate state of health, a fact that was denied and as a consequence the defendant died.

The second victim of the IGSS-PISA case is the suicide of Dr. Jesús Arnulfo Oliva Leal who suffered psychological torture, judicial brutality due to the “Indefinite Preventive Prison” suffered for four (4) years while being innocent.